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Legal Definitions - peculium

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Definition of peculium

In ancient Roman law, peculium referred to a sum of money or property that the head of a household (known as the paterfamilias) would grant to a son or a slave. This grant allowed the son or slave to manage and use these assets independently, whether for personal living expenses, small business ventures, or other discretionary purposes, even though ultimate legal ownership remained with the head of the household.

  • A son's entrepreneurial venture: Imagine a Roman son, still under his father's legal authority, who wished to start a small pottery business. His father might provide him with a sum of money and some raw materials specifically for this enterprise.

    This scenario illustrates peculium because the father, as the head of the household, granted specific assets (money and materials) to his son. The son then had the discretion to manage and use these assets for his business, even though, legally, his father retained ultimate control over all family property.

  • A slave's personal earnings: A Roman slave, skilled in carpentry, might be permitted by his master to take on extra work for neighbors during his free time. The master could allow the slave to keep a portion of the earnings from this additional labor, or even grant him a small plot of land to cultivate for his own benefit.

    Here, the portion of earnings or the produce from the small plot of land constitutes peculium. The master (head of the household) granted the slave the right to control and benefit from these assets, providing the slave with a limited form of economic independence within the household structure.

  • A son's personal allowance for daily needs: A Roman father might regularly provide his adult son with a set amount of money each month to cover personal expenses such as clothing, entertainment, or small purchases, without requiring the son to account for every single expenditure.

    This monthly allowance functions as peculium. The father granted his son funds for discretionary use, allowing the son a degree of autonomy in managing his personal finances for daily living, even while remaining legally subject to his father's authority.

Simple Definition

In Roman law, a peculium was property or money given by the head of a household to a son or slave. This allowance was for their personal use, granting them discretion over living expenses or business transactions.

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